SHRI BHAGWAN R. DASWANI Vs. COMMISSIONER, C. EXCISE

JUDGEMENT

(1.) THIS is a case of clandestine removal and undervaluation against two Companies M/s. Twin City Organics Pvt. Limited (TOPL) and M/s. Dyes Distributors India Limited (DDIL) Taloja. These two companies were engaged in the manufacture of Camphor and Isoborneol. Shri Bhagwan R. Daswani, the appellant is the proprietor of M/s. Sulur Agencies, Coimbatore and Manager of M/s. Surya Agencies, Chennai. The appellant was acting as a dealer of both the Companies. During the course of search, seizure and investigation of clandestine removal and under valuation against these two companies, the appellant's premises were also searched and total amount of Rs. 84,28,765/ - was seized. Rs. 83,46,970 was seized from the residential premises of the appellant Shri Bhangwan R. Daswani and cash amounting to Rs. 81,795/ - was seized from M/s. Sulur Agency, Madras. After issue of show cause notice and adjudicating proceedings, vide impugned order the Commissioner confiscated the amount recovered from the appellants under Section 121 of the Customs Act 1962 read with Notification No. 68/1963 dated 04.5.1963, issued under Section 12 of the Central Excise and Salt Act, 1944, on the ground that the same were the sale proceeds of offending goods.

(2.) WE are concerned with only one appellant in this case namely Shri Bhangwan R. Daswani. Detailed written submissions were filed by the learned advocate and instead of narrating the submissions, we consider it appropriate to reproduce the same as such to ensure clarity:

(3.) WE have considered the submissions made by both the sides. The seizure of the currency has been effected on the ground that the amount is sale proceeds of Camphor and Isoborneol. Admittedly the total quantity consigned without payment of duty and without cover of Central Excise gate passes and invoices etc. was as under, as per the findings of the Commissioner :